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Imprisonment is a penalty of last resort. A court may not sentence a person to imprisonment unless it is satisfied, having considered all possible alternatives, that no penalty other than imprisonment is appropriate.

In New South Wales, a court that sentences a person to imprisonment for six months or less must indicate to the person, and make a record of, its reasons for doing so, including:

  • Its reasons for deciding that no penalty other than imprisonment is appropriate, and
  • Its reasons for deciding not to make an order allowing the person to participate in an intervention program or other program for treatment or rehabilitation (if you have not previously participated in such a program in respect of the offence for which the court is sentencing you).

If someone close to you has been sentenced to imprisonment or refused bail, you may benefit from reading the below articles.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

Michelle Makela

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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